After public hearing and receipt of testimony, the Board of Supervisors finds and declares that:
Discriminatory practices of certain clubs or organizations where business is frequently conducted and personal contacts valuable for business purposes, employment and professional advancement are formed are a significant barrier to the advancement of women and minorities in the business and professional life of the City and County of San Francisco.
While such clubs or organizations avowedly may have been formed for social or civic purposes, the commercial nature of many of their activities and the extent to which these activities have had a prejudicial impact on the business, professional and employment opportunities of women and minorities are of significant magnitude.
Business activity most frequently occurs in clubs or organizations which have more than four hundred members and which provide regular meal services facilitating the conduct of such business.
Employers often pay their employees’ membership dues and expenses at such clubs or organizations because the employees’ activities at said clubs or organizations serve to develop and enhance the employer’s business. Such clubs or organizations also rent their facilities for use as conference rooms for business meetings attended by nonmembers.
Clubs or organizations where the above practices occur provide benefits to business entities and persons other than members and thus are not in fact “distinctly private” in their nature.
The City has a compelling interest in eradicating discrimination based on race, color, ancestry, national origin, place of birth, sex, age, religion, creed, disability, sexual orientation, gender identity, weight, or height in order to assure all of its citizens a fair and equal opportunity to participate in the business and professional life of the City. Conduct and practices which exclude persons from entry to, consideration for membership in, or the full advantages and privileges of such membership on these bases are discriminatory and unacceptable, and are injurious to the body politic, the business community and the City. Accordingly, the City’s interest in eliminating such conduct and practices in clubs or organizations covered by this Article outweighs the interest of their members in private association.
While the Board of Supervisors recognizes the interest in private association asserted by club members, it finds that this interest does not overcome the public interest in equal opportunity. It is not the Board’s purpose to dictate the manner in which certain private clubs conduct their activities or select their members, except insofar as is necessary to ensure that clubs do not automatically exclude persons from consideration for membership or unreasonably prevent enjoyment of club accommodations and facilities on account of invidious discrimination. Furthermore, it is not the Board’s purpose to interfere in club activities or subject club operations to scrutiny beyond what is necessary in good faith to enforce this Article.
(Added by Ord. 451-87, App. 11/17/87; amended by Ord. 222-02, File No. 021462, App. 11/15/2002)